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HomeMy WebLinkAbout2004-03-22 - City Commission Workshop Meeting MinutesCITY OF TAMARAC WORKSHOP MEETING MONDAY, MARCH 22, 2004 CALL TO ORDER: Mayor Schreiber called the Workshop Meeting of the City Commission to order on Monday, March 22, 2004 at 9:30 a.m. in Room 105 of Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, Florida. PRESENT: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts, Commissioner Edward C. Portner, Commissioner Beth Flansbaum-Talabisco and Commissioner Marc L. Sultanof. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, Assistant City Manager Michael C. Cernech, and City Clerk Marion Swenson. PLEDGE OF ALLEGIANCE LED BY MAYOR SCHREIBER: 1. PRESENTATION BY GRAU & CO. — CAFR: Finance Director Newman introduced Controller Nealon, as well as Nestor Caballero and Pablo R. Llerena, CPA's with Grau & Co. Messrs. Caballero and Llerena gave presentations and said Tamarac is in a sound financial position. 2. MARCH 24, 2004 AGENDA ITEMS: Mayor Schreiber moved out of the regular order of business on Items 2(a) and (b) awaiting the arrival of Attorney Eakin. C. Item No. 8. ISSUING CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2004: (TR10367) Motion to approve Resolution authorizing the issuance of not to exceed $10,000,000 in aggregate principal amount of City of Tamarac, Florida Capital Improvement Revenue Bonds, Series 2004 for the purpose of paying the costs of acquiring, constructing and equipping certain capital improvements for the City's water and wastewater utility system and stormwater utility system; covenanting to budget and appropriate legally available non -ad valorem revenues to provide for the payment thereof; making certain covenants and agreements for the benefit of the owners of such bonds; authorizing certain officials and employees of the City to take all actions required in connection with the sale, issuance and delivery of such bonds; taking certain other actions with respect to such bonds. Finance Director Newman suggested discussing Items 2(c) and (d) concurrently as they are companion items. Finance Director Newman gave a presentation and explained Temporary Resolution 10367 authorizes the issuance of bonds and Temporary Resolution 10368 authorizes the sale of the bonds. The bonds will be priced on April 6 and the agreement is to be signed on April 7th at approximately 2:30 p.m., by the Mayor, City Manager, City Attorney and City Clerk. Mayor Schreiber indicated that he would be out of town from April 5 -- 11. There was discussion regarding who may sign in the Mayor's absence, and Dwayne Draper, Bond Counsel said either the Vice Mayor could sign in the Mayor's absence or the Mayor could sign prior to his trip with the pages held in escrow. Commissioner Sultanof questioned whether bonds would be held back to enable purchase by residents, and Mr. Conitz of RBC Dan Raucher explained that two years ago a similar situation occurred and some bonds could be held for local investors. Mayor Schreiber asked how the public would know the March 22, 2004 City Commission Workshop 1 bonds are available and Mr. Conitz said it would be advertised in a local newspaper of general circulation. Jeffrey Larson, Financial Advisor spoke about the City's credit rating and said Tamarac is rated by Moody as A-2 and Fitch as A+. These ratings allow bonds to be sold to more conservative investors at lower interest rates. The GO indicator rating for the City was A+ and AA-. Mr. Larson said he would provide a copy of the report to the Mayor and City Commission, and this gives a fresh perspective on how the City is viewed by credit analysts. Mr. Larson credited the ratings on sound financial management and budgeting, the debt policy, finance balance, and the new quarterly report which enables the City to make market projections. Commissioner Sultanof complimented the staff, and Finance Director Newman recognized staff who worked on this project; Finance and Policy Officer Williams, City Attorney Kraft, Assistant City Attorney Steinerts, Assistant City Manager Cernech, and City Manager Miller, Finance Director Newman also extended thanks to the Utilities and Public Works Departments for their assistance in putting together the necessary figures. Commissioner Portner said without Finance Director Newman's foresight things would not have moved forward as they have, and thanked Finance Director Newman on behalf of the City of Tamarac and City Commission. Finance Director Newman thanked the City Commission for their support. d. Item No. 9. APPROVING SALE OF CAPITAL IMPROVEMENT REVENUE BONDS SERIES 2004: (TR10368) Motion to approve Resolution supplementing Resolution No. authorizing and approving the negotiated sale of not to exceed $10,000,000 City of Tamarac, Florida Capital Improvement Revenue Bonds, Series 2004; authorizing the sale thereof to RBC Dain Rauscher Inc. subject to the terms and conditions contained herein; appointing the Paying Agent and Registrar; appointing the Insurer and approving the insurance policy commitment; providing certain other matters relating to the Series 2004 bonds. e. Item No. 10. AMENDING CHAPTER 6 OF THE TAMARAC CODE - INVESTMENT OF CITY FUNDS: (TO2041) Motion to adopt Ordinance on first reading amending Chapter 6, "Finance and Taxation", Article II, "Fees and Funds", Section 6-26, "Investment of City Funds" to recognize the Investment Policy as the governing document for the investment of City funds and Section 6-27, "City Commission Investment Decisions" requiring the City Commission to establish an Investment Policy by Resolution; providing for codification. Finance Director Dona Newman gave a presentation and explained there is redundancy in the code. Finance Director Newman said it is to the City's benefit to make the ordinance general and the resolution specific. Mayor Schreiber expressed concern that the Commission's authority would be eliminated and Finance Director Newman assured him that the Commission has the final say in any decisions made. Mayor Schreiber questioned page 10, security losses and Finance Director Newman said she would research and come back with rationale for the language. Finance Director Newman explained the debt service deposit agreement and Mayor Schreiber questioned the safety of the City's money in the hands of a third party. Mr. Larson replied the agreement is bid out to providers with AA or better ratings. When Tamarac's money goes to a custodian, that firm gets to use the money over a 20 year period and their investment vehicles are used for higher interest rates which gets passed on to the City. Finance Director Newman said it is recommended that all debt service payments operate that way, not just the current bonds. The money will be paid to the City up front, which in turn will reduce the debt service. Finance Director Newman explained we are also looking at a guaranteed investment contract to draw down the schedule of Utilities and Public March 22, 2004 City Commission Workshop 2 Works projects, and while the City will not be tied to the draw down schedule we must move forward with the projects in good faith. Mayor Schreiber asked if there is a cancellation clause and Mr. Larson said it is a full flex agreement. Commissioner Partner asked how the indebtedness is paid and Finance Director Newman said interest is paid twice a year and principal once a year. Money is set aside each month so it is ready at the due date. a. Item No. 6(I). AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY — SPIRITUAL WARFARE CHURCH & TRAINING INSTITUTE INC.: (TR10373) Executing an Agreement and Addendum to Agreement for purchase and sale of real property between Spiritual Warfare Church & Training Institute, Inc. (seller) and the City of Tamarac (buyer) in the amount of One Million Five Hundred Thousand Dollars ($1,500,000) for the City to purchase 2.58 acres +/- of vacant land for open space and recreational purposes. Assistant to the City Manager Diane Phillips introduced Attorney Craig Eakin. Assistant to the City Manager Phillips gave a presentation and said language is included in the Resolution indicating that the City would seek grant funding dependent upon what the City Commission decides to do with the property, and if the use is appropriate for grant funding. Vice Mayor Roberts questioned the additional $10,500 and Assistant to the City Manager Phillips explained the Church returned the contract with the addendum that the City pay for doc stamps, which is usually the responsibility of the seller. Commissioner Portner said he does not understand why this 2.5 acre tract is selling for $1.5 million, while the following item is for a 6 acre tract selling for the same price. Commissioner Portner added that he is very upset that the Church wants the City to pay for the doc stamps. Assistant to the City Manager Phillips explained the property was not on the market for sale and the City approached the owner to purchase the property. Mayor Schreiber asked what the assessed value is and Attorney Eakin said about $700,000. Vice Mayor Roberts asked about the appraised value, and Attorney Eakin said the property has not yet been appraised; this will have to be done within 45 days, but he did not anticipate the property would be appraised at $1.5 million. Commissioner Portner said he would not vote to pay the $10,000 and he felt it was outrageous for them to ask for it. City Manager Miller held that this was a very difficult negotiation as the Church did not want to sell the property. The realtor, Mr. Caplan made many calls and was not able to speak with the principle involved. City Manager Miller said while it was ignominious of them to add the doc stamps, it is common in these types of deals. Mr. Caplan, Cenmark Realty, said he represents the buyer, and the seller was very unwilling to sell the property. Mr. Caplan added he understands the Commission's feeling regarding the doc stamps; however, if the City does not want the property under these terms, the seller will withdraw from the deal. The location of the property makes it very valuable. Mayor Schreiber said he is more disturbed by the price of the property than the doc stamp issue, and he recommends the City either not purchase the property, but build around it, or take the property through eminent domain. City Attorney Kraft explained that under eminent domain the property still has to be paid for at the fair market value, and there are also issues regarding the bond funding. Attorney Eakin clarified that the bond money the County set aside for acquisition of open space stipulates that land gotten through eminent domain does not qualify for the funding. Additionally, if the City were to take the property through eminent domain, it would probably cost the City more in the long run after all legal expenses were calculated. Commissioner Sultanof asked whether the $10,000 could be claimed by the Church as an expense of sale, and Attorney Eakin said it could not. Mayor Schreiber asked for an expression of interest to keep this item on the agenda and move forward with the purchase and all were in agreement to do so. March 22, 2004 City Commission Workshop 3 b. Item No. 6(m). AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY — ALEX SHATHER, TRUSTEE _ OF UNIVERSITY . BUSINESS PARK TRUST: (TR10374) Executing an Agreement for purchase and sale of real property between Alex Shather, as Trustee of the University Business Park Trust Agreement dated June 7, 2002 (seller) and the City of Tamarac (buyer) in the amount of One Million Five Hundred Fifty Five Thousand Dollars ($1,555,000.00) for the City to purchase 5.95 +/- acres of vacant land for open space and recreational purposes. Assistant to the City Manager Diane Phillips gave a presentation and said the City was recently awarded State funding as reimbursement for the Rockford Parcel, which money is being used to purchase this parcel. Assistant to the City Manager Phillips said the City would apply for appropriate funding for this property under preservation grants. Attorney Eakin said he believed the appraisal on this property would come in higher than the purchase price. Commissioner Sultanof asked if there had been any discussion with surrounding neighbors and City Manager Miller said the surrounding neighbors should be pleased as the property is currently zoned commercial and if the City did not purchase it, they could be backing onto businesses. Vice Mayor Roberts said some months ago residents had written requesting that the City look into purchasing the property for use as a neighborhood park. f. Item No. 60). AGREEMENT AMENDMENT — BAE SYSTEMS ADR,R INC.: (TR10341) Executing the first amendment to the July 10, 2002 Agreement between the City of Tamarac and BAE Systems ADR, Inc. for updating of the planimetric and utility base maps and associated data base development at a total cost not to exceed $176,790.00 (Case No. 3-MI-04). Community Development Director J. Christopher King gave a presentation and introduced Paige Mathes, Associate Planner. Community Development Director King said industry standard calls for updating the maps every five years. g. Item No. 6(c). ADOPTING A CITY OF TAMARAC TRAFFIC CALMING POLICY: (TR10351) Adopting a Traffic Calming Policy. Public Works Director Strain gave a presentation and said revisions were made pursuant to discussion at the last Commission workshop meeting. The 70% initiative has been reduced to 67%. Vice Mayor Roberts said Assistant Public Works Director Doherty worked very well on the revisions and she is happier with the policy now than she was before. Vice Mayor Roberts said she was pleased with the reduction in trips, and she would like to see the trip numbers six months after the policy goes into affect in case they need to be tweaked. Mayor Schreiber expressed concern that while the policy is good, traffic calming may discourage people from driving through the City to get to businesses here. Vice Mayor Roberts said this is to stop drivers from cutting through residential areas to get to the main roads. Commissioner Portner questioned collector roads and Public Works Director Strain explained that the number of vehicle trips per day may preclude a road from being considered for traffic calming even if it was not designated by the County as a collector road. Commissioner Flansbaum-Talabisco asked how residents would be made aware of the policy and Public Works Director Strain said by advertisement, and if a resident approaches his or her Commissioner, the Commissioner can then refer the resident to Public Works Director Strain or Assistant Public Works Director Doherty. Vice Mayor Roberts said the language in the policy should indicate that initiation of the process can be either by resident or the homeowner association. City Attorney Kraft suggested changing wording in Section 5, Step 2 of the policy from 'shall' to 'may'. City Manager Miller said the policy and resolution would be revised and redistributed. March 22, 2004 City Commission Workshop 4 Mayor Schreiber called for a recess at 11:10 a.m. and reconvened the meeting at 11:20 a.m. with all present as before. h. Item No. 7. ELECTING A VICE MAYOR: (TR10325) Motion to approve Resolution electing Commissioner to serve as Vice Mayor for a one (1) year term beginning March 24, 2004 with no succession. City Clerk Marion Swenson gave a presentation. Commissioner Portner said he would like Vice Mayor Roberts to nominate the new Vice Mayor, Vice Mayor Roberts said she would nominate Commissioner Sultanof to be the Vice Mayor for the coming year. Mayor Schreiber asked for an expression of interest for the election of Commissioner Sultanof as Vice Mayor and all were in agreement. Commissioner Portner asked for an explanation of restrictions for Item 6(i), Temporary Resolution 10380. LIFTING DEED RESTRICTIONS — WESTLAND PLAT (TR10380) Accepting a Declaration of Restrictions and releasing superceded covenants and restrictions. Community Development Director King explained the restrictions were being lifted so the property could be developed. Commissioner Portner asked if the safety seats were being given gratis with regard to Item 6(o) Temporary Resolution 10379. GRANT APPLICATION TO FLORIDA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY GRANT: (TR10379) Seeking Highway Safety Grant funding from the Florida Department of Transportation in an amount not to exceed $35,000 for a Child Safety Seat Program providing for a City match in -kind. Assistant to the City Manager Phillips explained that part of the program stipulates that the City provide seats and take a nominal donation for the seat. Donations will be the source of funds for replacement of the seats. Most cities established a $20.00 fee for the seats, but a lesser donation can be given in the event the recipient is unable to pay the $20.00. Assistant to the City Manager Phillips explained this is a collaborative effort between the Fire Department and Tamarac BSO. 3. DISCUSSION RE: CITY COMMISSION COLUMNS IN THE TAM -A -GRAM: Commissioner Marc L. Sultanof said it is his belief that the Commissioners should prepare columns for the Tam -A -Gram on a rotational basis and the columns should not be political. Space in the Tam -A -Gram should be used to inform the residents of occurrences in Tamarac. Commissioner Sultanof added that in the past, City Manager Miller advised the Commission not to write columns for the Tam -A -Gram. After introducing Ben Chicofsky, Chair of the Public Information Committee, Pubic Information Officer Crockett gave a presentation and said apart from the Commission's discussion today, the Public Information Committee had previously discussed alternatives to make more room in the Tam -A -Gram to publicize services and programs. Mayor Schreiber said he is of the opinion that the columns can be eliminated. Vice Mayor Roberts said she is not in favor of eliminating the columns as she feels the Commission columns are beneficial. Commissioner Flansbaum-Talabisco suggested pre-set rotation of the columns and during the holiday season all the Commissioners could submit columns. There was discussion regarding the number of words allotted to the Commissioners and Commissioner Portner suggested rotating the columns as follows: three commissioners for one publication and two the next. Commissioner Flansbaum-Talabisco said she would like to revisit this one year after it is put into effect. Commissioner Sultanof suggested removing the photos which would provide more room for March 22, 2004 City Commission Workshop 5 wording. After discussion, it was decided by expression of interest that all commissioners would write a column three times a year with no photos and limited wording. It was agreed this would go into effect beginning with the upcoming issue of the Tam -A -Gram, the May/June issue. Mayor Schreiber asked for an extension of time until March 31 to get his article to Public Information Officer Crockett. Commissioner Flansbaum-Talabisco asked Public Information Officer Crockett to inform the public of the new format and publishing schedule for Commission columns. 4. DISCUSSION RE: PROPOSAL TO NAME SATELLITE CITY HALL AFTER FORMER CITY COMMISSIONER LARRY MISHKIN: Commissioner Edward C. Portner suggested naming Satellite City Hall after past Commissioner Larry Mishkin, as Commissioner Larry Mishkin was instrumental in getting Satellite City Hall on the east side of Tamarac. Vice Mayor Roberts said there have not been any buildings named after other past commissioners; there have, though been trees planted and plaques in their memory. It will be difficult down the road with everyone wanting a building named after them. Commissioner Sultanof said Commissioner Larry Mishkin did what he came to do, and it would be admirable to name the building after him. Commissioner Flansbaum-Talabisco suggested a policy to address the issue. City Attorney Kraft reminded the Commissioners that the City does not own the building in which Satellite City Hall is housed. Vice Mayor Roberts suggested naming a street after Commissioner Larry Mishkin rather than a building. Commissioner Flansbaum-Talabisco said she did not know Commissioner Larry Mishkin and would therefore dissociate herself from the discussion. With two commissioners in favor of naming the Satellite City Hall after Commissioner Larry Mishkin and two against, Mayor Schreiber stated the Commission was at an impasse and the matter should be brought up at another time or a policy be drafted. 5. DISCUSSION RE: REQUEST TO PLACE _CHILDRE,N'S ART ON DISPLAY IN CITY FACILITIES FROM STUDENTS IN TAMARAC SCHOOLS: Commissioner Beth Flansbaum- Talabisco said at a minimal cost to the City the program in effect now can be expanded to include City Hall, and invite the surrounding schools to display their art work, which would give residents the opportunity to see the art work and the bond the City is forming with the schools. Mayor Schreiber questioned the atrium as the proper place for such a display. Parks and Recreation Director Margoles said the City currently participates in such a program at the Recreation Center; working with the three schools in Tamarac, the art teachers select works to be displayed. The cost is minimal, and each school takes turns displaying their art. Parks and Recreation Director Margoles said it would be beneficial to the students and residents to display art work at City Hall. Commissioner Sultanof asked if prizes are awarded and Parks and Recreation Director Margoles said there are no prizes. Commissioner Flansbaum-Talabisco said the program can be expanded from traditional art to non-traditional art. Commissioner Portner asked how many pieces of art can be displayed at a time, and Vice Mayor Roberts asked whether all three schools would display at once. Mayor Schreiber questioned whether the program would make the City eligible for school funding, and asked if the residents would be happy with the program. Parks and Recreation Director Margoles said only one school at a time will display and the schools will be on a rotational basis. There are between 30-40 pieces displayed and there has been a positive reaction from the residents with the program in the Recreation Center. All agreed to allow for expansion of the program. March 22, 2004 City Commission Workshop 6 1 6. DISCUSSION RE: CONSIDERATION OF THE APPOINTMENT OF A NEW CITY REPRESENTATIVE TO THE METROPOLITAN .PLANNING ORGANIZATION (MPO): Mayor Joe Schreiber said he is not asking for a new appointment, but rather if the City Commission would like to rotate membership or leave it as it is with Commissioner Sultanof representing the City. Vice Mayor Roberts said she is not interested in serving on the MPO and did not want to rotate representation. Commissioner Sultanof said rotation of membership for Tamarac would cause loss of continuity on the MPO. There was no expression of interest to change appointment to the MPO. Commissioner Sultanof asked for an expression of interest from the Commission to reappoint Mr. Robert Wolfe, Jr. as Tamarac's representative on the CIR. All were in agreement. Assistant City Manager Cernech asked the City Commissioners if they wanted to continue with the configuration used for the past two workshop meetings. Assistant City Manager Cernech explained that money has been budgeted to redo the audio/visual system and the City was in the process of moving forward with the bid, but the RFP had to be halted due to the change in configuration of Room 105. If the Commission is satisfied with the configuration now, the RFP will be altered to reflect the new arrangement of the room. All were in agreement to keep the set-up of Room 105 as it is now. There being no further business to come before the City Commission, Mayor Schreiber adjourned the workshop meeting at 12:30 p.m. _1� P..f�—l— Marion Swenson, CMC City Clerk March 22, 2004 City Commission Workshop 7